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Stormwater Management
(a) The ordinance of the City which regulates stormwater management, being the current Wayne County Stormwater Control Program is hereby incorporated into this chapter and made a part of this chapter by reference. A copy of this ordinance shall be maintained on file in the office of the City Clerk.
(b) Projects that disturb one or more acres, including projects less than one acre that are part of a larger common plan of development or sale, and discharge to the permittee’s MS4, including projects where the permittee is the developer shall comply with this program.
(c) Site plan review and approval shall demonstrate compliance with the Wayne County performance standards.
(Ord. 2021-04. Passed 6-22-21; Ord. 2022-02. Passed 5-3-22.)
Illicit Discharge Elimination Program
The purpose of this subchapter is to provide for the health, safety, and general welfare of the citizens of the City through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This subchapter establishes methods for controlling the introduction of pollutants into the municipal storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this subchapter are:
(a) To regulate the contribution of pollutants to the municipal storm sewer system by stormwater discharges by any user.
(b) To prohibit illicit connections and discharges to the municipal storm sewer system.
(c) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this subchapter.
(Ord. 2019-03. Passed 4-2-19.)
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) “Authorized enforcement agency” means the City Engineer and his/her authorized representatives, which shall specifically include all inspectors and zoning enforcement, and any other individual designated by the City Manager of the City of Wayne to enforce this subchapter. Where applicable, the terms may also mean the Director of the Michigan Department of Environmental Quality or his/her designated official.
(b) “Best Management Practices (BMPs)” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and oilier management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
(c) “City” means the City of Wayne.
(d) “Clean Water Act” means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
(e) “County” means the County of Wayne.
(f) “Construction activity” means activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of five acres or more requiring an issued permit and small construction activities impacting one to five acres of land deemed to operate under a national permit. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
(g) “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(h) “Illegal discharge” means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 1040.56.
(i) “Illicit connections” mean either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
(j) “Industrial activity” means activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26(b)(14).
(k) “MS4" means a municipal separate storm sewer system.
(l) “National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit” means a permit issued by United States Environmental Protection Agency (EPA), or by the State of Michigan under authority delegated pursuant to 33 USC § 1342(b) and codified in the Michigan Natural Resources and Environmental Protection Act Protection at MCL 324.101, et seq., that authorizes the discharge of pollutants to waters of the United States or State of Michigan, whether the permit is applicable on an individual, group, or general area-wide basis.
(m) “Non-stormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.
(n) “Person” means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
(o) “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
(p) “Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
(q) “Storm sewer system” or “storm drainage system” means a publicly owned facility by which storm-water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
(r) “Stormwater” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
(s) “Stormwater pollution prevention plan” means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
(t) “Wastewater” means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
(Ord. 2019-03. Passed 4-2-19.)
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